Legal Opinion

Ellwein v. Hartford Accident & Indemnity Co.

Washington Supreme Court

Decided January 11, 2001No. 68230-5PublishedCited by 65 opinions

1Opinion of the CourtIreland, J.

— Petitioners Nancy and Tom Ellwein seek review of the summary judgment dismissal of their claims of bad faith against Respondent Hartford Accident and Indemnity Company. At issue is whether Hartford acted in bad faith when handling the Ellweins’ underinsured motorist claim. We hold that, with respect to Hartford’s misappropriation of the Ellweins’ accident reconstruction expert, Hartford did act in bad faith.

I. Facts

On November 28, 1989, Nancy Ellwein was driving to a work meeting when she was severely injured in an automobile accident.1 Mrs. Ellwein was turning left in an intersection…

2Cases cited46 opinions

  1. State v. HoffmanWashington Supreme Court · 1991
  2. Tank v. State Farm Fire and Casualty Co.Washington Supreme Court · 1986
  3. Industrial Indem. Co. of Northwest, Inc. v. KallevigWashington Supreme Court · 1990
  4. Safeco Insurance Co. of America v. ButlerWashington Supreme Court · 1992
  5. National Sav. Life Ins. Co. v. DuttonSupreme Court of Alabama · 1982

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3Cited by65 opinions

  1. Smith v. Safeco Ins. Co.Washington Supreme Court · 2003
  2. Smith v. Safeco InsuranceWashington Supreme Court · 2003
  3. Overton v. Consolidated Ins. Co.Washington Supreme Court · 2002
  4. Overton v. Consolidated InsuranceWashington Supreme Court · 2002
  5. State Ex Rel. Medical Assurance of West Virginia, Inc. v. RechtWest Virginia Supreme Court · 2003

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